President Vetoes FMLA Expansion

On December 28, 2007, President Bush vetoed the National Defense Authorization Act, which would have amended the Family and Medical Leave Act (FMLA) to allow employees to use leave in certain circumstances when their spouse, child or parent is called for active duty in the military. The FMLA expansion provisions were not the reason for the veto of this much broader bill so it is reasonable to expect that these provisions will be attached to another bill that the President will sign in 2008. DMEC will keep you informed.

EEOC Final Rule Allows Employers to Coordinate Retiree Medical Benefit with Medicare

On December 26, 2007, the U.S. Equal Employment Opportunity Commission (EEOC) published a final rule allowing employers that provide retiree health benefits to continue the longstanding practice of coordinating those benefits with Medicare (or comparable state health benefits) without violating the Age Discrimination in Employment Act (ADEA). The regulation is available on the EEOC’s web site at www.eeoc.gov.

California’s FEHA Puts Burden of Proof on Employee to Show Qualification

California’s Supreme Court has ruled that plaintiffs who claim disability discrimination under California’s Fair Employment and Housing Act (FEHA) must prove they are qualified to perform the job’s essential function, with or without reasonable accommodation. Citation: Dwight D. Green vs. State of California.